Part I The General Part, 8 Maxims

Subject(s):

Construction of contract — Formation of contract — Interpretation of contract

This chapter explores some Latin maxims embodying supposed rules of construction. Traditional accounts of the interpretation of deeds and contracts are notoriously replete with such maxims. In the twenty-first century, when the judiciary has made it clear that the courts are less hospitable to legal Latin, it is unsurprising that once-familiar maxims are fading from the scene. Nevertheless it is necessary to examine these traditional rules in order to determine whether any of them still have a contribution to make to the construction of instruments. Moreover, it is suggested that in the modern law such canons have the potential to be reformulated in one of two ways.